May 13, 2022 10:58:36 am
The Delhi High Court has directed the Delhi police commissioner to ensure action against salons where hair transplantation treatment is done by technicians or unqualified professionals without any medical supervision.
Seeking necessary action from the Delhi government, Centre, National Medical Commission, Delhi Medical Council and the Delhi Police on the issue, Justice Anoop Kumar Mendiratta asked the authorities to file a status report before the court by July 27.
“It is imperative that necessary steps are taken by the Ministry of Health and Family Welfare, Government of India as well as the government of NCT of Delhi to ensure that such mushrooming salons, carrying hair transplantation procedures under unprofessional hands without requisite qualification and in absence of medical supervision, are checked,” said the court.
The bench further said that requisite safeguards need to be ensured for the safety of persons who undertake the treatment and the public needs to be made aware that such procedures can turn fatal at the hands of unqualified professionals.
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“In case any such medical protocols have not been established for the guidance of medical practitioners, the same need to be framed at the national level, in view of upcoming aesthetic surgeries and hair transplantation procedures,” said Justice Mendiratta.
The court passed the order in a case seeking a CBI probe into the death of a 35-year-old who allegedly lost his life due to negligence during the process of hair transplantation at a Rohini-based hair studio. Athar Rashid, the victim, had developed serious pain over his scalp followed by swelling on the face and shoulders after the treatment in June 2021. He died later at a hospital. The police arrested two people in the case.
Observing that the matter has larger ramifications as the number of such treatment salons is increasing, the court said that rendering of services by unqualified people is completely “in the teeth of medical ethics and in defiance of standard protocol to be followed for the purpose of hair transplantation/aesthetic surgery.” Most of the patients are still unaware that the process needs to be carried out by qualified professionals.
It added that hair transplantation needs to be performed by qualified dermatologists or trained surgeons with the informed consent of the patient. “The case points out not merely a dereliction or negligence or standard of care required in such medical procedures, but a complete medical malpractice, as the hair transplantation was not carried under the medical supervision of trained and qualified professionals,” the bench said.
Justice Mendiratta said that in the absence of professional medical supervision at such places, the process may be a great risk which may lead to irreversible damage or even loss of life. “The process may even require consultation and management with other specialists in case one has been suffering from co-morbidities or any other risk-bearing complications,” said the court.
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